H-2A Worker Rights: 8 Protections to Check Before You Sign

Your H-2A contract has to follow federal rules, and those rules apply whether or not the contract says so. If a clause conflicts with them, the federal rule wins and so does the certified job order your employer filed with the government.

You're entitled to see the contract before you go to your visa appointment, which gives you time to read it. Below are eight things it should say, and what the rule requires if it doesn't.

Keep a copy of everything you sign, and ask for a copy of the certified job order, Form ETA-790A, so you can compare the two.

1. You cannot be charged a recruitment fee

No one can charge you for getting the job. Not the employer, not a recruiter, not a labor contractor working on the employer's behalf, whether the charge comes before you arrive or is taken out of your pay later.

This is the most common way H-2A workers lose money, and it often happens in your home country before anyone shows you a contract. A fee framed as a processing charge, a placement fee, or a deposit that gets returned "after the season" is the same thing.

Since January 2025, employers who charge prohibited fees, or who use a recruiter who does, can have future petitions denied. Reporting it also carries whistleblower protection, so an employer cannot lawfully retaliate against you for raising it.

Your employer can ask you to pay for your own passport. Almost nothing else on the recruitment side is yours to cover.

2. The wage must be at least the AEWR for your state

The Adverse Effect Wage Rate is a minimum hourly wage the Department of Labor sets for H-2A work, and it's different in every state. It changes each year.

Your employer has to pay whichever is highest: the AEWR, the local prevailing wage, a collective bargaining wage if one applies, the federal minimum wage, or your state's minimum wage. In most cases the AEWR is the highest of the five.

Check the wage written in your contract against the current rate for the state where you'll be working. A contract wage below the AEWR is not enforceable, but it's much easier to fix before you sign than to claim back afterward.

If the numbers don't match, ask the employer to correct the contract in writing.

3. The 3/4 guarantee

Your employer has to pay you for at least three quarters of the workdays in your contract period. This holds even if the harvest fails, the weather is bad, or there simply isn't enough work.

The 75% is measured across the whole contract, not week by week. A slow week early on can be balanced out by a busy week later, and if the total still falls short at the end, your employer owes you the difference in back pay.

Some contracts leave this out, and some rewrite it as a weekly figure. The federal rule applies either way, but having it written down makes a back pay claim far simpler.

Keep your own record of days and hours worked. If there's ever a dispute, your notes are evidence.

4. Housing at no cost to you

Your employer must provide housing free of charge, and it has to meet federal safety standards covering water, toilets, sewage, heating, and the condition of the building itself.

Any clause charging rent, a deposit, or a housing fee is not lawful and not enforceable. The same goes for daily transportation between your housing and the worksite, which the employer arranges or pays for.

Before you sign, ask which standard the housing is inspected against and confirm the contract states that housing costs you nothing.

5. Transportation to the worksite and home again

Your employer covers the trip to the worksite and the trip home, but the timing of each is set by federal rule rather than by the employer.

The cost of getting to the worksite, including travel from your home and daily meals on the way, is reimbursed once you complete half of the contract period. Your employer cannot stretch that out in the contract.

The trip home is provided or paid at the end, if you finish the contract or if you're let go without cause. If you leave voluntarily before the end, the employer may not owe it.

Keep every receipt and ticket from your journey. Reimbursement claims depend on them.

6. Meals or free cooking facilities

Your employer has to do one of two things: provide three meals a day, or provide free cooking facilities so you can prepare your own food.

If they choose meals, they can charge you, but only up to a daily maximum the Department of Labor sets and updates each year. Check the current cap before you agree to a deduction.

Charging you for food without giving you a way to cook for yourself is not permitted. Read which of the two options your contract describes, because the difference affects your pay every week of the season.

7. Workers' compensation at no cost to you

Your employer must carry workers' compensation insurance covering you, and must pay for it themselves. It covers medical treatment and lost wages if you're hurt on the job.

No deduction for insurance premiums should appear anywhere in your contract, in the wage section or the benefits section.

Read both sections before signing. If you see a deduction, ask what it's for and get the answer in writing.

8. Contract dates, and what happens if the job ends early

The start and end dates in your contract must match the certified job order your employer filed. If they differ, the certified job order governs, which is why it's worth asking for a copy of the ETA-790A and comparing them side by side.

If your employer dismisses you without cause, they still owe you the trip home and the 3/4 guarantee wages. If they claim you abandoned the job, they have to report it to the Department of Labor within two working days.

Since January 2025 you also have more room to move. If your job ends, you have a 60-day grace period to find new H-2A work or arrange to leave, without falling out of status. And you can start with a new H-2A employer as soon as their petition is filed, rather than waiting for it to be approved.

Checking the employer before you sign

Knowing what your contract should say is one half of it. The other half is whether this employer has honored those terms in past seasons.

Migrate Mate builds its listings from government disclosure data, so an employer has a verified history of sponsoring work visas before any of its jobs appear. You can filter by visa type to see H-2A roles only, and every listing includes verified direct contact for the hiring manager, which means you can ask about the housing, the wage rate, and the contract dates before you commit to anything.

Frequently asked questions